People's Republic Of China Road Transportation Act (Amended In 2012)

Original Language Title: 中华人民共和国道路运输条例(2012年修正本)

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  (April 14, 2004 48th Executive meeting of the State Council on April 30, 2004, People's Republic of China promulgated by Decree No. 406, released on November 9, 2012 People's Republic of China promulgated by Decree No. 628, promulgated by the State Council as of January 1, 2013 on modifying and abolishing some administrative rules and decision amended) Chapter I General provisions

First in order to maintain the road transport market order, safety of road transport, protect the legitimate rights and interests of road transport related parties, and promote the healthy development of the road transport industry, this Ordinance is enacted.

Article related to road transport operators and road transport operations shall be subject to the regulations.

Road transport operators as mentioned in the preceding paragraph include road passenger transport operators (hereinafter referred to as the passenger business) and road freight transport undertakings (hereinafter referred to as cargo operators); road transport-related businesses including station (farm) management, vehicle maintenance management, vehicle drivers training.

Article engaged in road transport operators and road transport related business, shall operate, honesty and credit, fair competition.

IV administration of road transport, it should be fair, just, open and accessible.

Article fifth State encourages the development of the road transport, and to take the necessary measures to improve the towns and villages through shuttle rate to meet the aspirations of the life and production of farmers. Sixth State encourages the implementation of large-scale and intensive management of road transport enterprises.

No unit or individual is allowed to blockade or monopolized the road transport market.

Article seventh working for national road transport management of the transportation departments of the State Council.

Local transportation departments of people's Governments at or above the county level shall be responsible for organization and leadership of the regional road transport management.

Road transport authorities above county level shall be responsible for the implementation of the road transport administration.

Chapter II road transport operators

First quarter passenger

Eighth article applies to engage in the passenger business, shall meet the following conditions:

(A) its business and pass the test vehicle;

(B) comply with the conditions specified in section Nineth driving personnel;

(C) have a sound safety management systems.

Apply for routes passenger transportation management, should also have a clear programme of lines and sites.

Nineth driving personnel engaged in passenger operation, shall comply with the following conditions:

(A) obtain a corresponding motor vehicle driver's license;

(B) the age of 60 years;

(Iii) more than 3 years without major traffic accident records;

(D) District of the municipal transportation authority passenger concerned laws and regulations, vehicle maintenance and passenger examination of basic knowledge of first aid.

Tenth section engaged in passenger operation, shall be submitted in accordance with the following provisions apply and comply with the conditions specified in section eighth related material:

(A) engaged in passenger transportation management in the administrative area at county level, to apply to the road transport authority at the county level;

(B) engaged in the provinces, autonomous regions and municipalities across 2 above the county level administrative region passenger transportation management in the administrative area, to the common level of road transport management body to apply;

(C) engaged in TRANS-provincial, autonomous region, municipality directly under the passenger operation of the administrative area, to the seat of the province, autonomous region, municipality directly under the administration of road transportation agencies to apply. Received in accordance with the provisions of the preceding paragraph apply for road transport authority, shall from the date of acceptance of the application review is completed within the 20th, decision of approval or disapproval.

Licensing, road transport operators permit issued to the applicant, into transport vehicles issued to the applicant and the vehicle operator; no permission, and shall notify the applicant in writing and state the reasons.

Engaged in TRANS-provincial, autonomous region, municipality directly under the passenger transportation management applications for the administrative area, the relevant province, autonomous region, municipality directly under the administration of road transportation in accordance with the provisions of the second paragraph of this article prior to road transport operators permit issued shall be with the route destination province, autonomous region, municipality directly under the administration of road transportation agencies through consultation, shall be submitted to the Transportation Department of the State Council decision.

Passenger transport operators shall take the road transport operators permit relevant registration formalities with the industrial and commercial administrative authority according to law.

11th made road transport operators permit passenger transport operators, the need to increase passenger routes, this tenth of the Ordinance shall be in accordance with the provisions of the relevant procedures.

Road transport authorities above the county level in review 12th passenger applications, should be given to passenger transport market supply and demand, universal service and convenience of the public, and other factors.

The same line when there are 3 or more applicants, through tenders in the form of licensing decisions.

13th road transport authorities above the county level shall regularly publish the market supply and demand. 14th class passenger lines operated for a period of 4 years to 8 years.

Business license needs to extend the time of operation passenger routes, you should reapply.

15th passenger transport operators need to terminate passenger transport operation, the original licensing authority shall be notified before terminating in the 30th.

16th passenger transport operators should provide a good environment for visitors, keeping the vehicle clean, sanitary, and to take the necessary measures to prevent infringement from occurring during transport of passengers and property offences.

17th passengers shall hold a valid ticket by bus, by car to comply with order, exquisite civilized shall carry the national dangerous goods and other prohibited items.

18th class lines passenger transport operators access to road transport operators permit should be continuity in the provision of transport services to the public shall not be allowed to suspend, terminate or transfer routes transport.

19th chartered passenger routes, in accordance with the contract start, destination and route of transport.

Engaged in the travel and tourism regions to tour transportation.

Article 20th passenger transport operator shall not force passengers, shall not be dumped, extortion passengers are not allowed to replace transport vehicles.

Section II cargo

22nd section engaged in the freight business, shall meet the following conditions:

(A) its business and pass the test vehicle;

(B) comply with the conditions specified in section 23rd drivers;

(C) have a sound safety management systems.

Article 23rd driving personnel engaged in freight operations, shall comply with the following conditions: (a) obtain the appropriate license, (ii) age less than 60 years of age, and (iii) District, the municipal transportation authority on shipping laws and regulations, vehicle repairs and cargo loading keep basic knowledge examinations.

Article 24th engaged in transport operations of dangerous goods shall also satisfy the following conditions:

(A) more than 5 cars pass the detection of dangerous goods transportation vehicles and equipment;

(B) municipal transportation departments of people's Governments of districts where examination, obtain certificates of qualification to drive personnel managers, handling and escorts;

(C) special vehicles for the transport of dangerous goods has the necessary means of communication and (iv) have a sound safety management systems.

Section 25th for cargo handling operators shall submit an application in accordance with the following provisions and 22nd respectively submitted in accordance with this Ordinance, conditions of article 24th-related material:

(A) engaged in the transport of dangerous goods cargo operators, other than business, to apply to the road transport authority at the county level;

(B) engaged in the transport of dangerous goods operations, district of the municipal administration of road transportation agencies apply. Received in accordance with the provisions of the preceding paragraph apply for road transport authority, shall from the date of acceptance of the application review is completed within the 20th, decision of approval or disapproval.

Licensing, road transport operators permit issued to the applicant, into transport vehicles issued to the applicant and the vehicle operator; no permission, and shall notify the applicant in writing and state the reasons.

Cargo operators shall take the road transport operators permit relevant registration formalities with the industrial and commercial administrative authority according to law.

Article 26th cargo operators shall not be prohibited by laws or administrative regulations for transport transport of goods.

Provisions of laws and administrative regulations must go through the relevant formalities before they can transport cargo, cargo operators shall examine the relevant procedures.

27th State encourages the transport of cargo operators behind closed doors to ensure sanitation and cargo security.

Cargo operators should take the necessary measures to prevent goods shed, young Isaac.

Transport of dangerous goods shall take the necessary measures to prevent leakage of dangerous goods, flammable, explosive, radiological, and so on.

28th transport dangerous goods shall be equipped with the necessary escorts, ensure dangerous goods in Nanking under the supervision of, and raised the obvious signs the transport of dangerous goods. Consignments of dangerous goods shall be made to the description of dangerous goods cargo operators name, character, emergency situations, and in strict accordance with the relevant provisions of the State package, setting clearly marked.

Section III common provisions of passenger and freight transport

29th passenger operators, cargo operators in China should strengthen safety education, ethics education, ensure the safety of road transport. Road transport road transport employees shall comply with the rules, not illegal operations.

Driver continued driving time shall not exceed 4 hours.

30th production (alteration) of passenger vehicles, enterprises shall, in accordance with provisions of the freight vehicle calibration vehicles of authorized strength or load, no more or less number of approved vehicle or load.

The passenger terminal operators, freight operators shall use vehicles that meet the standards set by the State for road transport operators.

31st passenger operators, cargo operators of vehicle maintenance and inspection should be strengthened, to ensure that vehicles meet state standards; not scrap, unauthorized modifications and other vehicles engaged in road transport operators fail to comply with national regulations. 32nd ferry operators, cargo operators should draw up the relevant traffic accidents, natural disasters and other emergencies emergency response plan for road transport.

Contingency plans should include reporting procedures, emergency, emergency vehicles and equipment reserves and the disposal measures, and so on.

33rd traffic accidents, natural disasters and other emergencies, passenger transport operators and cargo operators should be subject to above the county level people's Government or the relevant Department of the control, command.

34th road transport vehicles should be onboard the vehicle operator shall not transfer, lease.
35th road transport vehicles to transport passengers, shall not exceed the authorized number, shall not violate the provisions of cargo transport of goods shall not be transported passengers, transport of goods shall be consistent with the approved load, never overload; object of length, width and height must not violate the filling requirements.

Violation of the provisions of the preceding paragraph, by the public security organs traffic management departments in accordance with the People's Republic of China relevant provisions of the road traffic safety law for punishment.

36th passenger operators and the operators of the transport of dangerous goods shall be respectively for passengers or hazardous cargo carrier liability insurance.

Chapter III road transport related business

37th apply for road transport station (farm) management, subject to the following conditions:

(A) acceptance of transport station (field);

(B) with the appropriate professional and management personnel;

(C) appropriate equipment and facilities;

(D) have a sound business practice and safety management system.

Article 38th engaged in motor vehicle repair business, shall meet the following conditions:

(A) there is a corresponding motor vehicle maintenance site;

(B) the necessary equipment, facilities and technical staff;

(C) a strong motor vehicle maintenance management system;

(D) the necessary environmental protection measures.

Section 39th in driver training, subject to the following conditions:

(A) has a sound vocational training institutions and management systems;

(B) commensurate with the training of teaching personnel, management personnel;

(C) the necessary teaching facilities, equipment, vehicles and other teaching venues. 40th apply for road transport station (farm) management, vehicle maintenance management and motor vehicle driver training business, shall apply to the road transport authorities of the County, and sold in accordance with this section 37th, 38th, 39th, requirements of related material.

County Road Transport Authority shall from the date of acceptance of the application review is completed within the 15th, made the decision to permit or not permit and notify the applicant in writing.

Road transport station (field) operators, owners of motor vehicle maintenance and motor vehicle driver training establishments, should permit relevant registration formalities with the industrial and commercial administrative authority according to law.

41st road transport station (farm) for outbound traffic operators should conduct security checks, ban on unlicensed vehicles stop engaging in business activities to prevent overloading vehicles or vehicles without security checks.

Road transport station (field) operators should be fair use (field) operator of passenger and cargo operators, without any justified reason, engaged in business activities shall not refuse pit for road transport vehicles.

Road transport station (field) operators should be provided to passengers, and cargo safe, convenient, quality service; keep it (field) sanitation, clean should not be changed (field) use and service functions.

42nd road passenger transport station (farm) operators shall arrange for passenger operators shift, announced its route, starting and finishing with stops at sites, transport flight departure time and price, and dispatch vehicles stop, start, to ease passenger, maintenance of order and out of the car.

Road passenger transport station (field) operator shall set the passenger ticket, waiting, services such as luggage storage and shipping facilities, in accordance with the approved vehicle passenger limit ticket, and take measures to prevent the carriage of dangerous goods officers into the station by bus.

43rd road cargo transport station (farm) operators shall, according to the Transportation Department under the State Council business practice for loading and unloading, storage, storage of the goods.

44th motor vehicle maintenance and operator should be carried out in accordance with the relevant technical specifications for motor vehicle repairs, ensure quality of maintenance, shoddy repair parts motor vehicle shall not be used.

Motor vehicle repair business operators shall publish maintenance man-hour and charges reasonable fees. 45th vehicle maintenance vehicle operators to be secondary, unit repair or vehicle repairs, maintenance inspection should be carried out.

Inspection, maintenance of quality inspection personnel shall motor vehicle maintenance certificate was issued. Motor vehicle maintenance and implementation of the quality assurance system.

Quality guarantee period caused by maintenance vehicles not used properly, motor vehicle maintenance and operators should be free repair.

Motor vehicle maintenance and quality assurance of the system specific measures formulated by the State transportation departments.

46th automobile repair motor vehicle operator shall not contractors have been scrapped, and may be supplemented, modified vehicle. 47th motor vehicle driver training institutions should be in accordance with the training syllabus of the transportation departments under the State Council, ensure the quality of training.

Completion of training shall be issued to trained personnel training completion certificate.

The fourth chapter of international road transport

48th transportation departments of the State Council shall be announced to the public in a timely manner the Chinese Government signed with the Governments of bilateral or multilateral agreements on road transportation paths of international transport routes.

49th applications engaged in international road transport operations, subject to the following conditions:

(A) according to the regulations, tenth, 25th, provides access to road transport operators permit corporate;

(B) engaged in road transport operators in the country for 3 years and no major more than road traffic accidents. Section 50th engaged in international road transport shall be made to provinces, autonomous regions and municipalities directly under the road transport authorities submitted an application and submitted in accordance with the conditions specified in section 49th related material. The province, autonomous region, municipality directly under the administration of road transportation agencies shall from the date of acceptance of the application review is completed within the 20th, to approve or not to approve the decision. Approval shall be made to the Transportation Department of the State Council for the record; not approved, reasons shall be indicated to the parties.

International road transport operators shall take the approval documents related formalities to the relevant departments in accordance with law.

51st International road transport operators should be put into transport vehicles in its prominent position, indicating the Chinese nationality identification sign.

Foreign international carriage by road transport operators of the vehicle in the territory of China shall clearly indicate its nationality identification marks, and in accordance with the provisions of the transport route; without changing the route, shall not engage in starting and finishing in the territory of China by road transport operators.

52nd in the port's international road transport authorities should strengthen supervision of entry points, the international road transport. 53rd International road transport operators approved by the Transportation Department under the State Council, China to set up representative offices in China in accordance with law.

Representative offices may not engage in business activities.

The fifth chapter law enforcement and supervision

54th transportation departments of people's Governments at above county level shall strengthen the road transport authorities to implement supervision and guidance on the management of road transport.

55th road transport authorities should strengthen law enforcement team-building, improve its legal system, professional quality of staff.

Road transport authority staff should accept rule of road transport management and business training, assessment, failed to pass the examination shall not post to perform his duties.

56th at a higher level of road transport authority of lower road transport authority's enforcement activities should be monitored.

Management should establish a sound internal control system for road transport, on its staff monitor the law enforcement examination.

57th road transport management and its staff in the discharge of duties, should consciously accept the supervision of society and citizens.

58th road transport road transport management should establish a reporting system, publicly reported the phone number, mailing address or email address. No unit or individual shall have the right to the road transport administration functionaries, who reported the behavior.

Departments of transportation, road transport management and other departments concerned upon receipt of the report, should be promptly investigated and dealt with according to law.

59th road transportation management organizations should be strictly in accordance with the terms and procedures for the supervision and inspection, and shall not set up checked posts, fees, and fines.

Road transport authority staff should focus on road transport and related business premises, supervise and inspect the goods distribution center.

Staff at the road crossing of the road transport authority when conducting supervision and inspection, road transport vehicles should not be blocked to normal traffic.

60th road transport management agency staff when conducting supervision and inspection, there should be 2 or more persons to participate in, and to produce their certificates for law enforcement. 61st road transport management agency staff when conducting supervision and inspection, can contribute to the units and individuals to understand the situation, check out, copy the relevant information.

However, shall keep confidential the business secrets of the units and individuals under investigation.

Supervision and inspection of the units and individuals shall be subject to supervision and inspection according to law, provide relevant information or circumstances.

62nd road transport authority staff in the process of implementation of the road transport inspection, vehicles found overloaded behavior should be stopped immediately, and take corresponding measures of passengers take or forced discharge. 63rd road transport authority staff in the process of implementation of the road transport inspection, no vehicle operator cannot provide proof of a valid vehicle to be temporarily suspended on the spot, shall take good care of, you may not use, shall not charge or charge a storage fee in disguise.

The sixth chapter legal liability

64th article violation this Ordinance of provides, not made road transport business license, unauthorized engaged in road transport business of, by County above road transport management institutions ordered stop business; has illegal proceeds of, confiscated illegal proceeds, at illegal proceeds twice times above 10 times times following of fine; no illegal proceeds or illegal proceeds insufficient 20,000 yuan of, at 30,000 yuan above 100,000 yuan following of fine; constitute crime of, law held criminal.

65th Nineth does not comply with the Ordinance, article 23rd conditions of personnel operating vehicles for road transport, the road transport authorities above the county level shall order rectification, fines of between 200 Yuan more than 2000 constitutes a crime, criminal responsibility shall be investigated according to law.
66th article violation this Ordinance of provides, without license unauthorized engaged in road transport station (field) business, and motor vehicle maintenance business, and motor vehicle driver training of, by County above road transport management institutions ordered stop business; has illegal proceeds of, confiscated illegal proceeds, at illegal proceeds twice times above 10 times times following of fine; no illegal proceeds or illegal proceeds insufficient 10,000 yuan of, at 20,000 yuan above 50,000 yuan following of fine; constitute crime of, law held criminal.

67th in violation of the provisions of this Ordinance, passenger road transport related business operators, cargo owners, operators of illegal transfer, lease of road transport certificates, the road transport authorities above the county level shall order to stop the illegal practice, collection of relevant documents of less than 2000 Yuan and 10,000 yuan fine has illegally obtained, confiscation of illicit proceeds.

68th in violation of the provisions of this Ordinance, ferry operators, operators of the transport of dangerous goods in accordance with stipulations cover the carrier's liability insurance, covered by the road transport authorities above the county level ordered; refusing to insure, run by the road transport licensing authority shall revoke the permit.

69th in violation of the provisions of this Ordinance, ferry operators, cargo operators do not carry vehicles operating card in accordance with the provisions of, the road transport authorities above the county level shall order rectification, warning or fined not more than 20 Yuan and 200 Yuan.

70th in violation of the provisions of this Ordinance, ferry operators, cargo operators in one of the following circumstances, the road transport authorities above the county level shall order rectification, between 3000 and 1000 Yuan Yuan fines; the circumstances are serious, the original road transport licensing authority shall revoke the license:

(A) does not follow the approved passenger dock or lines, published according to the provisions of trips;

(B) forced recruitment of passenger and goods;

(C) passenger transit alter transport vehicle or transfer of passenger transport of others;

(D) does not report the original licensing authority, unauthorized termination of passenger management, (v) failed to take the necessary measures to protect the goods shed, young Isaac.

71st in violation of the provisions of this Ordinance, ferry operators, cargo operators not complying with the provisions of maintenance and inspection of transport vehicles, the road transport authorities above the county level shall order rectification, of up to between 5000 and 1000 Yuan fine.

Violation of the provisions of this Ordinance, ferry operators, cargo operators refitted vehicle operator's vehicle had been made, the road transport authorities above the county level shall order rectification, fined not more than 5000 Yuan and 20,000 yuan.

72nd in violation of the provisions of this Ordinance, road transport station (field) operator allows unlicensed vehicles stop engaging in business activities, as well as vehicles, vehicles without security checks or refused without good reason station engaged in business activities of road transport vehicles, by the road transport authorities above the county level shall be ordered to correct, fines of between 10,000 yuan and 30,000 yuan.

Violation this Ordinance of provides, road transport station (field) operators unauthorized change road transport station (field) of uses and service function, or not announced transport line, and start by stopped site, and transport shifts, and originating time, and fare of, by County above road transport management institutions ordered corrected; refused to corrected of, at 3000 Yuan of fine; has illegal proceeds of, confiscated illegal proceeds. 73rd article violation this Ordinance of provides, motor vehicle maintenance operators using fake accessories maintenance motor vehicle, bearing repair has scrap of motor vehicle or unauthorized modified motor vehicle of, by County above road transport management institutions ordered corrected; has illegal proceeds of, confiscated illegal proceeds, at illegal proceeds twice times above 10 times times following of fine; no illegal proceeds or illegal proceeds insufficient 10,000 yuan of, at 20,000 yuan above 50,000 yuan following of fine, confiscated fake accessories and the scrap vehicles; plot serious of,

By the original licensing authority revoke its business license constitutes a crime, criminal responsibility shall be investigated according to law.

74th article violation this Ordinance of provides, motor vehicle maintenance operators issued false of motor vehicle maintenance certificate, by County above road transport management institutions ordered corrected; has illegal proceeds of, confiscated illegal proceeds, at illegal proceeds twice times above 10 times times following of fine; no illegal proceeds or illegal proceeds insufficient 3000 Yuan of, at 5000 Yuan above 20,000 yuan following of fine; plot serious of, by original license organ revoked its business license; constitute crime of, law held criminal.

75th in violation of the provisions of this Ordinance and motor vehicle driver training is not strictly in accordance with the provisions of the training or training certificate issuance of deception, by the road transport authorities above the county level shall order rectification refuses, by the licensing authority shall revoke its business license.

76th article violation this Ordinance of provides, foreign international road transport operators not according to provides of line transport, unauthorized engaged in China territory road transport or not marked nationality recognition logo of, by province, and autonomous regions, and municipalities road transport management institutions ordered stop transport; has illegal proceeds of, confiscated illegal proceeds, at illegal proceeds twice times above 10 times times following of fine; no illegal proceeds or illegal proceeds insufficient 10,000 yuan of, at 30,000 yuan above 60,000 yuan following of fine.

77th in violation of the provisions of this Ordinance, road transport authority staff, one of the following circumstances shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) not in accordance with the provisions of this Ordinance the conditions, procedures and time limit for the implementation of administrative licensing;

(B) participation in or disguised in road transport operators and road transport related business;

(C) found the violations do not promptly investigated;

(Iv) breach block, check driving of road transport vehicles;

(E) illegally detaining vehicles, vehicle transport service licences;

(F) ask for and accept other people's property, or seeking other interests;

(VII) other illegal activities.

The seventh chapter by-laws

78th of Mainland and Hong Kong S.A.R., and Macau S.A.R. between road transport with reference to the relevant provisions of this Ordinance.

79th foreign investors may, in accordance with relevant laws, administrative regulations and the relevant provisions of the State, People's Republic of China territory by Sino-foreign joint ventures, Chinese-foreign cooperative, sole ownership of investment related to road transport operators and road transport related business.

80th engaged in non-commercial transport of dangerous goods shall comply with the relevant provisions of this regulation. 81st road transport authorities grant licences according to the regulations, documents and vehicle operator may charge a nominal fee.

Cost of specific standard by the provinces, autonomous regions and municipalities finance sector, the price administrative departments approved by the Transportation Department.

82nd taxi and city bus passenger transport management measures shall be formulated separately by the State Council. 83rd article of the regulations come into force on July 1, 2004.

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